Geier v. American Honda Motor Co., 529 U.S. 861, 10 (2000)

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870

GEIER v. AMERICAN HONDA MOTOR CO.

Opinion of the Court

Liability § 4(b), Comment e (1997) (distinguishing between state-law compliance defense and a federal claim of preemption). It is difficult to understand why Congress would have insisted on a compliance-with-federal-regulation precondition to the provision's applicability had it wished the Act to "save" all state-law tort actions, regardless of their potential threat to the objectives of federal safety standards promulgated under that Act. Nor does our interpretation conflict with the purpose of the saving provision, say, by rendering it ineffectual. As we have previously explained, the saving provision still makes clear that the express pre-emption provision does not of its own force pre-empt common-law tort actions. And it thereby preserves those actions that seek to establish greater safety than the minimum safety achieved by a federal regulation intended to provide a floor. See supra, at 867-868.

Moreover, this Court has repeatedly "decline[d] to give broad effect to saving clauses where doing so would upset the careful regulatory scheme established by federal law." United States v. Locke, ante, at 106-107; see American Telephone & Telegraph Co. v. Central Office Telephone, Inc., 524 U. S. 214, 227-228 (1998) (AT&T); Texas & Pacific R. Co. v. Abilene Cotton Oil Co., 204 U. S. 426, 446 (1907). We find this concern applicable in the present case. And we conclude that the saving clause foresees—it does not foreclose— the possibility that a federal safety standard will pre-empt a state common-law tort action with which it conflicts. We do not understand the dissent to disagree, for it acknowledges that ordinary pre-emption principles apply, at least sometimes. Post, at 899-900 (opinion of Stevens, J.).

Neither do we believe that the pre-emption provision, the saving provision, or both together, create some kind of "special burden" beyond that inherent in ordinary pre-emption principles—which "special burden" would specially disfavor pre-emption here. Cf. post, at 898-899. The two provisions, read together, reflect a neutral policy, not a specially

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